Heller, Hirsh & Co. v. General Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Heller, Hirsh & Company, from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 13th day of January, 1913, as denies the plaintiff’s motion to examine certain designated witnesses in Philadelphia upon oral questions.
1Per curiam
The action is by an assignee of brokers for agreed commissions upon garbage tankage alleged to have been sold by said brokers on account of defendant.
The witnesses sought to be examined are officers of defendant and a former sales agent of defendant who may reasonably be expected to be a reluctant, if not an actually hostile, witness.
In order to establish its cause of action the plaintiff must rely upon the evidence which can only be obtained from defendant, its officers and books.
Under these circumstances if the defendant and its officers were within this jurisdiction there would not be a…
2Cases cited1 opinion
- Frounfelker v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1903